The Effect of the Procedural Legal System on Initiating Criminal Proceedings

Abstract

The means and method of initiating a criminal case shall not depart from the influence of the adopted procedural criminal system, in view of the correlation between them, and having successively in criminal proceedings three legal systems oscillated between the absence of the State and the expansion of its authority, the balance in the relationship between the victim and the accused in the accusatory and prospecting systems is imbalanced on the one hand and negligence on the other, the necessity of reconciling the interest of society and the accused necessitated the adoption of a mixed system to reflect the legislative development in criminal procedures, on the other hand, the Islamic criminal legislator did not need to go through these phases in order to straighten its procedural system after classifying the crimes according to the rights they affect, the features of the Islamic procedural system were characterized by a special subjectivity that distinguishes it from others, if the procedural law prevailing in most countries of the world has given the right to initiate criminal proceedings in the hands of the Public Prosecution in its capacity as the representative of the public right.